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(영문) 인천지방법원 2021.02.03 2019가단230881
배당이의
Text

1. Of the dividend table prepared by the above court on May 22, 2019 with respect to voluntary auction cases of D real estate in Incheon District Court D.

Reasons

1. Facts of recognition;

A. On November 10, 2018, the Plaintiff set KRW 37.5 million to E as the due date for reimbursement. To secure this, the Plaintiff set up a collateral security right with the maximum amount of KRW 37.5 million with respect to the F Building G heading of Bupyeong-gu Incheon Metropolitan Government (hereinafter “instant real estate”) owned by E as the obligor, E, and the Plaintiff as a person holding the right to collateral security.

B. A person who is a right to collateral security has voluntarily filed an application for an auction on the instant real estate with the Incheon District Court D, and the said court rendered a decision to commence an auction on June 21, 2018 (hereinafter “the auction procedure of this case”) (hereinafter “instant auction procedure”).

On May 22, 2019, a dividend list (hereinafter “the dividend list of this case”) was prepared to the Plaintiff, the holder of the instant auction procedure, who was the right holder, distributed KRW 23,833,267 out of the amount of the claim 37,50,000 won, and KRW 19,054,274 out of the amount of claim 30,000,000 won to the Defendant who was the right holder of the provisional seizure, in two order.

(d)

I appeared on the date of the above distribution, and thereafter was allowed by the judicial assistant officer to raise an objection against KRW 13,66,73 of the dividend amount to the defendant. On May 23, 2019, the plaintiff filed a lawsuit for objection to the instant dividend.

E. At the time of the date of distributing the auction procedure of the instant case, the Defendant did not have any claim.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 11 (including branch numbers; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the defendant's claim for provisional seizure did not exist at the time of distributing the auction procedure of this case, the dividend table of this case shall be corrected to reduce the amount of 19,054,274 won to KRW 5,387,541, and 13,666,73 won, which is the difference, shall be distributed to the plaintiff, and the amount of KRW 37,50,000 shall be distributed to the plaintiff.

3. Judgment on the defendant's assertion

A. At the time of the date of distributing the auction procedure of this case’s summary of the assertion, judicial assistant officers are present at the Plaintiff’s agent.

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